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Lease Contract Guaranty Template for India

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Key Requirements PROMPT example:

Lease Contract Guaranty

"I need a Lease Contract Guaranty for a commercial property in Mumbai, where a parent company will guarantee their subsidiary's lease obligations for a 5-year term starting March 2025, with a maximum guarantee amount of INR 50 million."

Document background
A Lease Contract Guaranty is a crucial security instrument in the Indian real estate market, commonly used when landlords require additional assurance of lease obligation fulfillment. This document becomes particularly relevant in commercial leasing scenarios where the tenant is a newly established company, has limited credit history, or where the lease value is substantial. The guarantee, governed by Indian law, particularly the Indian Contract Act, 1872, creates a legally binding commitment from a third party (often a parent company, director, or financially stable entity) to assume responsibility for the tenant's obligations if they default. The document specifies the extent of the guarantee, conditions for enforcement, and duration of the obligation, providing landlords with a secondary source of recourse while facilitating lease arrangements that might otherwise be considered too risky.
Suggested Sections

1. Parties: Identifies and provides full details of all parties: the Guarantor(s), the Landlord/Lessor (beneficiary of the guarantee), and the Tenant/Lessee (principal debtor)

2. Background: Recitals explaining the context of the guarantee, including reference to the main lease agreement and the requirement for a guarantee

3. Definitions: Defines key terms used throughout the document, including 'Guaranteed Obligations', 'Lease Agreement', 'Term', and other relevant terms

4. Guarantee and Indemnity: Core section detailing the scope of the guarantee, including both the guarantee and indemnity obligations

5. Extent and Limit of Guarantee: Specifies the maximum liability of the guarantor and any limitations on the guarantee

6. Duration of Guarantee: Specifies how long the guarantee remains in force and any conditions for termination

7. Guarantor's Obligations: Details specific obligations of the guarantor, including payment obligations and performance guarantees

8. Preservation of Rights: Outlines circumstances that don't affect the validity of the guarantee, such as amendments to the lease or time given to the tenant

9. Representations and Warranties: Guarantor's confirmations about their capacity and authority to provide the guarantee

10. Enforcement and Remedies: Specifies when and how the guarantee can be enforced and available remedies

11. Notices: Details how formal communications between parties should be made and delivered

12. Governing Law and Jurisdiction: Specifies Indian law as governing law and determines jurisdiction for disputes

Optional Sections

1. Multiple Guarantors: Required when there is more than one guarantor, specifying joint and several liability

2. Collateral Security: Include when the guarantor provides additional security or collateral to support the guarantee

3. Step-In Rights: Include when the guarantor has the right to take over the lease in case of tenant default

4. Payment Mechanics: Detailed payment procedures, necessary when specific payment arrangements are required

5. Financial Covenants: Include when the guarantor must maintain certain financial metrics or conditions

6. Assignment and Transfer: Required when either party needs the right to assign or transfer their rights under the guarantee

Suggested Schedules

1. Schedule 1 - Lease Agreement Details: Copy or summary of the main lease terms being guaranteed

2. Schedule 2 - Guaranteed Obligations: Detailed list of specific obligations covered by the guarantee

3. Schedule 3 - Property Details: Description and details of the leased property

4. Schedule 4 - Guarantor Information: Detailed information about the guarantor including financial statements or proof of financial capacity

5. Schedule 5 - Form of Demand: Template for making a demand under the guarantee

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Real Estate

Retail

Commercial Property

Industrial

Manufacturing

Information Technology

Banking and Financial Services

Healthcare

Hospitality

Education

Logistics and Warehousing

Relevant Teams

Legal

Real Estate

Property Management

Finance

Operations

Risk Management

Compliance

Facilities Management

Contract Administration

Corporate Secretarial

Relevant Roles

Legal Counsel

Property Manager

Real Estate Manager

Lease Administrator

Contract Manager

Risk Manager

Company Secretary

Chief Financial Officer

Facilities Manager

Asset Manager

Commercial Director

Operations Manager

Compliance Officer

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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